Patna High Court
Bindeshwar Sah @ Dr. Bindeshwar Saw @ Bindeshwar Prasad SahversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court inclined to extend anticipatory bail to the petitioner, subject to a monetary deposit, bond, sureties and strict compliance conditions.
Summary
The petitioner, Bindeshwar Sah, was implicated in FIR No. 146 of 2025 for allegedly operating an unregistered hospital, invoking sections 319(2), 318(1), 338, 336(3), 340(2), 125(a) and 125 of the Bhartiya Nayay Sanhita, 2023. He applied for anticipatory bail, asserting no criminal antecedent and offering to donate Rs.1 lakh to an old‑age home if bail is granted. The State opposed, noting the FIR and a fine imposed. The Court referred to a prior matter (Dr. Dilip Kumar @ Hari Shankar Pandit) and the ongoing formulation of departmental guidelines for 1‑40‑bed hospitals. After considering the submissions, the Court granted anticipatory bail subject to a Rs.10,000 bond, two sureties, a Rs.1 lakh donation, and several conditions regarding appearance, non‑tampering with evidence, and refraining from further offences. The bail is to be executed within four weeks of the order.
Issues considered
- Whether anticipatory bail should be granted in a case involving alleged illegal operation of a hospital under the specified sections of the Bhartiya Nayay Sanhita
- What conditions, if any, may be imposed on anticipatory bail in such circumstances
Legislation cited
- Bhartiya Nayay Sanhita, 2023 — s. 125, 125(a), 318(1), 319(2), 336(3), 338, 340(2)
Subjects
- anticipatory bail
- illegal hospital
- registration
- health department guidelines
- criminal procedure
- Bhartiya Nayay Sanhita
- bail conditions
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.90533 of 2025
Arising Out of PS. Case No.-146 Year-2025 Thana- RAJAPAKAR District- Vaishali
======================================================
Bindeshwar Sah @ Dr. Bindeshwar Saw @ Bindeshwar Prasad Sah Son of
Late Ram Prasad Sah Resident of Village - Ahmedpur, Lakhni (Shivganj),
P.S.- Rajapakar, District - Vaishali.
... ... Petitioner/s
Versus
1. The State of Bihar
2. The Secretary, Dept of Health, Bihar, Patna Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Ranjit Kumar Thakur, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
: Mr. Prashant Pratap, GP-2
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 01-05-2026 Earlier, this case was tagged vide order dated
15.01.20226 with the Cr. Misc. No.90504 of 2025 but now
stands separated.
2. Heard Mr. Ranjit Kumar Thakur, learned counsel
for the petitioner, Mr. Prashant Pratap, learned GP-2 and Mr.
Jitendra Kumar Singh, learned APP.
3. The petitioner is apprehending arrest in connection
with Rajapakar P.S. Case No. 146 of 2025 instituted under
Sections 319(2), 318(1), 338, 336(3), 340(2), 125(a), 125 of the
Bhartiya Nayay Sanhita, 2023 lodged on 02.05.2025 by the
informant XX.
4. As per the prosecution story, during surprise
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inspection relating to illegal running of Clinic/Hospital in the
district, certain Hospitals including the hospital of the petitioner
was/were found to be running illegally and without registration.
This led to the FIR.
5. Learned counsel for the petitioner submit that no
such hospital was running nor there is any complaint but now
the F.I.R. has been lodged against them. Further, he has no
criminal antecedent and if granted relief, shall not indulge in
anything related to the health services. The last submission is
that without accepting the allegation and/or outcome of the
present petition, he intends to pay Rupees One Lakh to the Old
Age Home namely Apna Ghar, C-7, Rajbanshi Nagar, Patna,
Bihar-800001 by demand Draft issued by the local branch of
State Bank of India/any Nationalized Bank to be submitted
before the Trial Court at the time of surrender.
6. Learned APP opposes the prayer submitting that not
only F.I.R. lodged, fine was also imposed.
7. A counter affidavit on behalf of the Civil Surgeon,
Vaishali has come.
8. This Court having taken note of the illegal
functioning of the Hospital/Nursing Homes/Pathological
Clinics, earlier in the case of Dr. Dilip Kumar @ Hari Shankar
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Pandit (Cr. Misc. No. 43257 of 2025) relating to Bhojpur had
sought instruction from the Health Department, Bihar, Patna on
how the Hospital/Nursing Homes with 1 to 40 beds can run
without any registration.
9. Learned GP-2 has filed affidavit to show that the
committee constituted for the purpose have submitted their
report and this Court would like to incorporate paragraph nos. 6
to 12 which read as follows:
“6. That in view of the order of this Hon'ble
Court passed in the case of Dr. Dilip Kumar @
Hari Shankar Pandit (Cr. Misc. No. 43257 of
2025), a six-member committee headed by Dr.
Pramod Kumar Singh, Director-in-Chief, Health
Services, Bihar, Patna was constituted by the
Health Department by office order memo No.
1853 dated 02/09/2025 to issue guidelines at
departmental level for controlling
Hospitals/Nursing homes with 01-40 beds
running in the surgencies.
7. That it is humbly and respectfully
stated and submitted that the matter is being
thoroughly reviewed by the committee to provide
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a necessary guidelines to regulate 1-40 bedded
hospitals/Nursing homes.
8. That although the constituted
committee examined the matter thoroughly but
did not report submitted its to the Department
due to retirement of its four members including
Chairman and further due to transfer of its one
member.
9. That considering the seriousness of
the matter, the Health Department, Government
of Bihar has constituted a fresh six member
committee headed by Dr. Rekha Jha, Director-in-
Chief (Nursing), Health Services, Bihar, Patna
by Health Department by office order memo No.
199(18B) dated 20/02/2026 to submit a final
report for issuance of guidelines at departmental
level for controlling Hospitals/Nursing homes
with 01-40 beds running in the surgencies.
10. That a report has been submitted
on behalf of the newly constituted committee for
developing such guidelines for controlling
Hospitals/Nursing homes with 01-40 beds
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running in the surgencies.
11. That on receipt of report on behalf
of Committee, a draft of Rules for controlling
Hospitals/Nursing homes with 01-40 beds
running in the surgencies has been prepared by
the Health Department, Bihar upon which an
opinion of Law Department has been obtained
and now the said draft rules is going to be
placed before Finance Department and
thereafter matter will be placed before the
competent authority.
12. That after final approval granted
by the competent authority, a necessary
notification will be issued by the Health
Department, Bihar.
10. This Court expects from the Health Department to
act in the matter expeditiously as life of each and every citizen
in the State of Bihar is precious.
11. So far as the petitioner is concerned, considering
the aforesaid facts/submissions put forward by the parties, this
Court is inclined to extend him the privilege of anticipatory bail
subject to payment of Rupees One Lakh to Old Age Home
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namely Apna Ghar, C-7, Rajbanshi Nagar, Patna, Bihar-
800001 by demand Draft issued by the local branch of State
Bank of India/any Nationalized Bank to be submitted at the time
of execution of bail bond.
11. Let the petitioner be released on bail in the event
of arrest or surrender within a period of four weeks from the
receipt of this order, on furnishing bail bond of Rs. 10,000/-
(Ten thousand) with two sureties of like amount each to the
satisfaction of learned Chief Judicial Magistrate, Vaishali at
Hajipur, in connection with Rajapakar P.S. Case No. 146 of
2025 subject to the following conditions:-
(i) one of the bailor should be the family
member/relative of the petitioner who shall provide official
document (Aadhar Card/Voter Id/Driving License/Pan Card) to
show his/her bona fide;
(ii) the petitioner shall be appearing before the Police
Station as and when required for cooperating in the
investigation;
(iii) the petitioner shall appear on each and every date
before the Trial Court and failure to do so for two consecutive
dates without plausible reason will entail cancellation of his/her
bail bond by the Trial Court itself;
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(iv) the petitioner shall in no way try to induce or
promise or threat the witnesses or tamper with the evidences,
failing which the State shall be at liberty to take steps for
cancellation of the bail bonds;
(v) the petitioner shall desist from committing any
criminal offence again, failing which the State shall be at liberty
to take steps for cancellation of bail bonds.
(Rajiv Roy, J)
vinayak/-
U
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